After the Russian Empire collapsed the formation of
new independent states began in different parts of the empire, including
the South Caucasus. On May 26, 27 and 28, 1918, Georgia, Armenia and
Azerbaijan declared their independence.

On July 22, 1918, the First Congress of
Karabakh was convoked. The most important resolutions of the Congress
were the Declaration of Nagorno Karabakh as an integral part of the
Ararat Republic (the Republic of Armenia) and the formation of the
Government (National Council) of Karabakh.

On February 21, 1919, the National Council
received a telegram from General Thomson  Commander-in-Chief
of the British army in Baku with the demand to recognize the authority
of Azerbaijan over Karabakh. The National Council refused to recognize
it.

On April 23, 1919 British General Shattelvort
(subsequently  Commander of British troops in Baku) arrived
in Shushi. During negotiations with Chairman of Karabakh National
Council A.Shakhnazarian and Shushi municipal head G.Shakhnazarian
Shattelvort stated,  "I warn you that any excess against
Azerbaijan is a move against England. We are strong enough to make
you obey us" (1). The fifth Congress of Armenians of Karabakh
convoked at that time rejected this ultimatum.

On August 26, 1919, under strong British
pressure, the VII Congress of Karabakh concluded a temporal agreement
with the Government of Azerbaijan. According to this treaty Nagorno
Karabakh would be temporarily within Azerbaijan until the issue of
the mountainous part of Karabakh would be settled at the Peace (Paris)
Conference(2). The agreement did not change the status of Nagorno
Karabakh, which preserved the status of an independent political unit.
This agreement became one of the reasons that the League of Nations
put the issue of Nagorno Karabakh on the agenda of the Paris Peace
Conference(3).

At the beginning of 1920, Azerbaijan moved
large units of its regular army and many irregular formations to the
border of Nagorno Karabakh.

On February 19, 1920, Azerbaijani representative
addressed the National Council of Karabakh with demand to immediately
solve the issue of final incorporation of Karabakh with Azerbaijan.

From February 28 to March 4, 1920, the VIII
Congress of Karabakh took place. The Congress rejected this demand.
After that, the Musavatist troops, reinforced by the Turkish regular
army units, launched a full-scale military operation against Karabakh.
On March 23, 1920, Turkish-Azerbaijani troops took Shushi, the capital
of Karabakh, and massacred more than 20 thousand Armenians.

On April 23, 1920, the IX Congress of Karabakh
was convoked. It annulled the 26 August agreement in view of the fact
of organized aggression of Azerbaijani troops against the peaceful
population of Karabakh, massacre of population in Shushi and in villages(4).
The Congress also declared the unification of Nagorno Karabakh with
the Republic of Armenia as its integral part.

On April 28, 1920, a Soviet rule was established
in Azerbaijan. The Red Army moved to Karabakh and took it.

Telegram of the chairman of the Armenian National
Soviet of Nagorno Karabakh addressed to the chairman of the Armenian
delegation in Moscow of June 9, 1920 informing that the IX
session of Nagorno Karabakh adopted a resolution according to which
the provisional agreement of 1919 was pronounced violated due to the
attack of Azerbaijani forces on Shushi; and the Armenian delegation
was requested to inform the Russian Soviet government.

On August 10, 1920, Soviet Russia and still
democratic, non-Soviet Republic of Armenia signed an agreement was
concluded between. According to Article 3 of the agreement, "the
take over of disputable territories including Nagorno Karabakh by
Soviet troops of does not predetermine the issue of the rights of
the Republic of Armenia and the Azerbaijani Soviet Socialist Republic
on those territories." (5)

On November 29, 1920, the Soviet rule was
established in Armenia.

On November 30 and December 1, 1920, Azerbaijan
declared its waiver of any claims on Nakhijevan, Zangezour and Nagorno
Karabakh, and recognized them as integral of Armenia(6).

On June 3, 1921, the Caucasian Bureau of
the Russian Communist Party of Bolsheviks (RCPB), unanimously decided
to include in the declaration of the Armenian Government the sentence
that Nagorno Karabakh belonged to Armenia. The head of Azerbaijan
Narimanov also participated in that session.

On June 12, 1921, in accordance with the
decision of the Caucasian Bureau, the Government of Soviet Armenia
adopted a Decree of the following content: "Based on the declaration
of the Revolutionary Committee of the Azerbaijani Soviet Socialist
Republic and agreement between the Socialist Republics of Armenia
and Azerbaijan, henceforth Nagorno Karabakh is declared to be an integral
part of the Socialist Soviet Republic of Armenia. (7)

On July 4, 1921, at the Plenum of the Caucasian
Bureau of the RCPB Azerbaijani side submitted a proposal on incorporating
Nagorno Karabakh into Azerbaijan. However, this proposal was rejected
and it was decided to keep Nagorno Karabakh as part of Armenia. The
Caucasian Bureau also decided to recognize the necessity of conducting
a referendum in Nagorno Karabakh formally ensuring the right of nations
to self-determination.

On July 5, 1921, at the extraordinary session
of the RCPB Caucasian Bureau Plenum, under Stalin's pressure, ignoring
the will of Karabakh people, the region was transferred to Azerbaijan
granting it a wide regional autonomy with administrative center in
the town of Shushi. (8)

On July 7, 1923, an Autonomous Oblast (Region)
of Nagorno Karabakh (subsequently renamed into Nagorno Karabakh Autonomous
Oblast) was created on the part of its territory. The rest of Nagorno
Karabakh was included into the Azerbaijan SSR. The capital of Nagorno
Karabakh became then a small settlement Stepanakert and not Shushi.
The territory of Nagorno Karabakh was divided in such a way that it
became an enclave.

The efforts to raise the problem of Nagorno Karabakh
before the USSR central bodies were undertaken in 1930s, 1945, 1965,
1967, 1977, but all of them were severely suppressed. The Karabakh
movement entered a new stage at the end of 1987. Rallies and
demonstrations with the participation of tens of thousand inhabitants
of the Oblast were the main characters of this stage.

On February 20, 1988, the XX Session of
the Nagorno Karabakh Oblast Council of People's Deputies decided to
solicit before the Supreme Councils of the Azerbaijan SSR and the
Armenian SSR for passing the NKAO from Azerbaijan to Armenia. (9)

On February 27-29, 1988, mass pogroms and
killings of Armenians took place in Sumgayit, a city hundreds kilometers
away from Nagorno Karabakh. Within three-day pogroms dozens of Armenians
were killed, hundreds of them were wounded. Huge number of Armenians
underwent violence, tortures and humiliation. 18 thousand people became
refugees.

On June 13, 1988, the Supreme Soviet of
the Azerbaijan SSR denied the application of the Assembly of Nagorno
Karabakh. While on June 15, 1988, the Supreme Soviet of Armenian SSR
approved Karabakh's request and decided to appeal to the Soviet government
for the resolution of the issue.

On July 11, 1988, the Session of the Nagorno
Karabakh Autonomous Oblast Council of People's Deputies declared secession
of the NKAO from the Azerbaijan SSR. (10)

November - December 1988, Armenian pogroms
took place all over Azerbaijan. The largest of them took place in
Baku, Kirovabad (Gyandja), Shemakha, Shamkhor, Mingechaur, the Nakhijevan
ASSR.

In winter 1988, tens of Armenian populated
settlements in Azerbaijan were deported, including more than 40 Armenian
settlements of Northern Nagorno Karabakh (which was not included into
the NKAO during its formation) - the mountainous areas and foothills
of Khanlar, Dashkesan, Shamkhor and Kedabek regions, and 40-thousand
Armenians from Kirovabad (Gyandja). After these events in the Azerbaijan
SSR Armenians remained only in the NKAO, Shahoumian region and four
villages of Khanlar region, as well as in Baku - about 50 thousand
(in 1998 Baku had about 300 thousand Armenian population.)

On February 11, 1989, a special administration
form, Special Administration Committee, was established in the NKAO
(for the first time in the USSR), which was directly accountable to
the supreme state organs of the USSR. (11) Thus, Nagorno Karabakh
was de-facto put out of Azerbaijan's administrative control.

On July 26, 1989, extraordinary Session
of the Shahoumian regional Council of People's Deputies took place.
In view of intensification of repressive and punitive actions of Azerbaijan
towards the region, the Session took a decision on joining the NKAO.

On August 16, 1989, the conference of the
representatives of the NKAO's population elected the National Council,
which had to realize in practice the decision adopted at the Session
of People's Deputies on February 20, 1988. Azerbaijan started economic
blockade of Armenia and Nagorno Karabakh. The population of the Karabakh
was on the verge of hunger.

In early September, having no means and
possibilities to defending the Oblast, Nagorno Karabakh authorities
several times addressed the highest instances of the USSR and the
UN Security Council with request to ensure the security of the Armenian
population. (12)

On November 28, 1989, the USSR Supreme Council
adopted a resolution, which, in fact, envisaged a forces retention
of Nagorno Karabakh within Azerbaijan SSR. The Committee of Special
Administration was dismissed and the Organizational Committee (Orgcommittee)
of NKAO of the Azerbaijan SSR replaced it. With the assistance of
the USSR Ministry of Interior and Soviet Army, the Orgcommittee planned
and carried out deportation operations against the Armenian population
of Nagorno Karabakh and adjoining areas. At the same time, Azerbaijani
authorities brought Azerbaijanis to Nagorno Karabakh in order to change
the demographic setting in favor of Azerbaijan. For example, the population
of the Khojalu village increased from 2 thousands (13) (registered
by 1989 population census) to 5 - 7 thousand. Even the Meskheti Turks,
deported from Central Asia, were moved to Khojalu.

In early December 1989, the NKAO National
Council and Supreme Council of the Armenian SSR held a joint session
and adopted a resolution on reunification of the Armenian SSR and
Nagorno Karabakh. (14)

In January 1990, organized armed pogroms
of the Armenian population took place in Baku, the capital of the
Azerbaijan SSR. This resulted in the death of hundreds of Armenians
and a new stream of refugees.

On January 2, 1991, President of Azerbaijan
Ayaz Mutalibov issued a decree on establishment of presidential rule
in the NKAO and neighboring Azerbaijani regions. Leaflets with categorical
demand addressed to the Armenian population to immediately leave Nagorno
Karabakh appeared in the Oblast.

On January 14, 1991, the Presidium of Azerbaijan
Supreme Council adopted a decision on unification of two neighboring
regions - Armenian Shahoumian and Azerbaijani Kasum-Ismailovskiy -
into a single Geranboy region in order to facilitate immigration of
the Armenian population.

In late April - early May 1991, Militia
Special Detachments of Azerbaijan together with detachments of the
USSR Ministry of Interior conducted Koltso (The Ring) operation. In
three weeks they deported the population of 24 Karabakh villages:
two villages - in Khanlar, tree - in Shahoumian, fifteen - in Handut
and four - in Shushi regions. As a result in Karabakh and adjacent
areas of Armenia more than 100 people were killed, several hundreds
of people were taken hostages.

On March 17, 1991 the USSR leadership conducted
a referendum on preserving the union state. Armenia and Nagorno Karabakh
did not participate in this referendum. Azerbaijan participated and
voted for the preservation of the USSR.

On August 30, 1991 the Supreme Soviet of
Azerbaijan adopted the declaration on restoring the state independence.

On September 2, 1991 joint session of Nagorno
Karabakh regional and Shahoumian district Councils of people's deputies
adopted a declaration proclaiming the Nagorno Karabakh Republic. The
declaration was adopted according to the USSR Law On issues connected
to secession procedure of the Union republics from the USSR (15) (adopted
on April 3, 1990). Azerbaijan started systematic shell of Stepanakert
from rocket sets.

In September 22, with a peacemaking mission
Presidents B.Yeltsin of Russia and N.Nazarbayev of Kazakhstan, accompanied
by President A.Mutalibov of Azerbaijan arrived in Stepanakert. On
September 23 on the initiative of B. Yeltsin and N.Nazarbayev the
negotiations between Armenia, Azerbaijan, and Nagorno Karabakh delegations
on Karabakh conflict settlement took place, which a resulted in the
adoption of a joint communiqué.

In October 15, the President of Azerbaijan
A.Mutalibov stated that no one except Azerbaijan had a right to solve
the issue of Nagorno Karabakh and nobody had the any right to in its
domestic affairs.

On October 18, 1991 Azerbaijan Republic
adopted a Constitutional act on state independence.

On November 26, 1991 a Supreme Soviet of
Azerbaijan adopted the resolution on dissolution of Nagorno Karabakh
autonomous oblast, (16) according to which NKAO was liquidated as
national-territorial formation, and its districts and settlement were
renamed and incorporated into different regions of Azerbaijan. According
to this resolution Nagorno Karabakh Autonomous Oblast was considered
a factor contradicting national interests of Azerbaijan people.

On November 28, 1991 the USSR Committee
of Constitutional control issued a decree concerning the acts of Supreme
Soviets of Azerbaijan and Armenia. The Committee of constitutional
control condemned the act of Azerbaijan legislative body on dissolution
of NKAO as violating the status of NKAO fixed in the USSR Constitution
and the decision of Supreme Soviet of Armenia "On reunion of
Armenian SSR and Nagorno Karabakh" as violating the USSR Constitution.
It is worth mentioning that the Committee of Constitutional Control
did not refer to the proclamation of the Nagorno Karabakh Republic
as unconstitutional act.

On December 10, 1991 at the Republican referendum
in the presence of international observers 99, 89% of the participants
voted for the independence of Nagorno Karabakh. (17)

On December 28 under the intensive fire
of Azerbaijani army the elections to the Republic's Supreme Soviet
took place.

On January 6, 1992 the newly elected legislative
body of the NKR adopted the Declaration on state independence of the
Nagorno Karabakh Republic. On September 20, 1992 the NKR Supreme Soviet
addressed to UN, of all the states of the world with a request to
recognize NKR and prevent genocide of Artsakh Armenians. A war obtruded
upon NKR by Azerbaijan ended in May 1994 after signing the agreement
in Bishkek {Kyrgyzstan} on cessation of military activities. The war
resulted in thousands of killed and wounded, tens of thousand refugees.
Karabakh economy suffered great losses the consequences of which are
yet to be overcome.

The legal peculiarity of the Nagorno Karabakh conflict
is that this issue could be simultaneously discussed both in the realm
of territorial delimitation between Armenian and Azerbaijani peoples
and a internationally recognized fundamental principle of equality of
peoples and their right to master their own destiny.

Internationalization of the Karabakh problem

For the first time the Nagorno Karabakh problem appeared
as an international dispute in 1918, after collapse of the Russian Empire
and the necessity of territorial delimitation between Armenia and Azerbaijan.

In July 1918 the Declaration of the First Congress
of the Armenian Karabakh proclaimed self-government of the region and
creation of a National Council and Government. The fact that Nagorno
Karabakh existed as a distinct self-governed territory was confirmed
by signing the August 26, 1919 Agreement between Azerbaijan and Nagorno
Karabakh. Entering into political intercourse with the Nagorno Karabakh
authorities, namely - the National Council, Azerbaijan thus recognized
the legitimate status of Nagorno Karabakh.

It is worth mentioning that Azerbaijan's borders were
not fixed in the Constitution of the Azerbaijani Republic 1918-1920.
That is why the in the December 7, 1920 letter of the head of Azerbaijani
delegation to the League of Nations Topchibashev addressed to the President
of the League of Nations Paul Hymans, Azerbaijani official motivated
the claims of his country on Karabakh by the decision of a former Allied
representative in the Caucasus. (1)

The Azerbaijani Republic of 1918-1920 was never recognised
by the international community, and by the League of Nations, in particular.
The League not only refused the official recognition of the Azerbaijani
Republic, but also its application for the membership. At its forth
meeting on December 1, 1920, the 5th Committee elected by the Assembly
of the League of Nations having examined the request for admission of
the Republic of Azerbaijan arrived at the following conclusion:
A/ Within the meaning of Article 1 of the Covenant of the League of
Nations Azerbaijan can not be considered as de jure a "full self
governing State", as it had not been recognised de jure by any
member of the League of Nations. Besides, it was stated that the territory
of the Republic of Azerbaijan, "occupying a superficial area of
40.000 square miles, appears to have never formerly constituted a State,
but has always been included in larger groups such as the Mongol or
Persian and since 1813 the Russian Empire. The name Azerbaijan which
has been chosen for the new Republic is also that of neighbouring Persian
province". Furthermore, it was questioned the ability of the government
of Azerbaijan to undertake international obligations and give guarantees
involved by the membership; (2)
B/ " it is difficult to ascertain the exact limits of the
territory within which the Government of Azerbaijan exercises its authority.
Owing to the disputes with neighbouring States concerning its frontiers,
it is not possible to determine precisely the present frontiers of Azerbaijan.
The provisions of the Covenant did not allow of the admission of Azerbaijan
to the League of Nations under present circumstances." (3)

The decision of the Committee was adopted unanimously
in the following terms: "That the Committee, after having considered
the Report of the Sub-Committee with regard to Azerbaijan's request
for admission to the League of Nations, reports unfavorably with regard
to its admission and refers the question back to the Assembly."
(4)

In 1918-1920 Nagorno Karabakh, thus, was not part
of the Azerbaijani Republic, regardless of its efforts to annex Karabakh
by force.

Sovietization of NK and its transition to Communist
Azerbaijan

On April 28, 1920 the Soviet rule was established
in Azerbaijan. Following this military clash between the Russian Soviet
Federative Socialist Republic (RSFSR), which intended to occupy the
entire Transcaucasus, and the Republic of Armenia broke out. On August
10, 1920 the RSFSR and the Republic of Armenia signed an agreement,
according to which Soviet Russia recognized Armenia's independence and
complete sovereignty, while occupying disputed territories, including
Karabakh. However, according to the agreement "the occupation of
disputed territories, including Nagorno Karabakh, by Soviet troops,
does not predetermine the issue of the rights of the Republic of Armenia
or Azerbaijani Soviet Socialist Republic on these territories".
Thus, Nagorno Karabakh was not, at that time, recognized as a part of
Soviet Azerbaijan.

On November 29, 1920 the Soviet rule was established
in Armenia. On November 30 and December 1 of the same year, without
any pressure from the outside Azerbaijan declared that Nagorno Karabakh
belonged to Armenia, thus, in fact, recognized illegitimacy of previous
claims to Nagorno Karabakh. Being unable to find any arguments on this
issue, official Baku now states that such declaration does not exist.
However, in state archives of Armenia there are documents, including
newspapers of the time where the declaration was printed, in particular,
the December 7, 1920 issue of the Communist newspaper printed in Armenian.

On June 3, 1921 the Caucasian Bureau of the Russian
Communist Party of Bolsheviks (RCPB), unanimously decided to include
in the declaration of the Armenian Government the sentence that Nagorno
Karabakh belonged to Armenia. The head of Azerbaijan Narimanov also
participated in that session. In accordance with the decision of the
Caucasian Bureau, the Government of Soviet Armenia adopted a Decree
of the following content: "Based on the declaration of the Revolutionary
Committee of the Azerbaijani Soviet Socialist Republic and agreement
between the Socialist Republics of Armenia and Azerbaijan, henceforth
Nagorno Karabakh is declared to be an integral part of the Socialist
Soviet Republic of Armenia". (5)

On July 4, 1921 at the Plenum of the Caucasian Bureau
of the RCPB Azerbaijani side submitted a proposal on incorporating Nagorno
Karabakh into Azerbaijan. However, this proposal was rejected and it
was decided to keep Nagorno Karabakh as part of Armenia. The Caucasian
Bureau also decided to recognize the necessity of conducting a referendum
in Nagorno Karabakh formally ensuring the right of nations to self-determination.

However the decision had not already harmonised with
the Bolshevik's policy. In this connection, on the next day, July 5,
the then Bolshevik Russian people's commissar (minister) of the national
affairs, Joseph Stalin, demanded to convene special plenary session
of the Caucasian Communist Party bureau. Under his pressure a new resolution
was adopted. According to this resolution Nagorno Karabakh was transferred
to Azerbaijan Soviet Socialist Republic providing it a wide regional
autonomy with administrative center in the town of Shushi. The 5 July
resolution in contrast to the 4 July resolution did not have a single
word about the possibility of conducting referendum in Nagorno Karabakh.

The decision of the Caucasian Bureau of the Russian
Communist Party (of Bolsheviks)) is per se illegal, and the body adopted
the decision was not authorized to do it. Azerbaijan, trying to make
legitimate its claiming to Karabakh has been relying exactly on this
illegal and incompetent decision.

On July 7, 1923 Autonomous Oblast (Region) of Nagorno
Karabakh (subsequently renamed into Nagorno Karabakh Autonomous Oblast)
was created on the part of its territory. The rest of Nagorno Karabakh
was included into the Azerbaijan SSR. Of these territories only Shaumian
region remained in the form of the separate administrative unit (although
its territory reduced almost to half). Other territories inhabited by
Armenians were repeatedly divided and by 1988 they were included in
Khanlar, Kedabek, Shamkhor regions (mountainous parts and foothills).
Moreover, to exclude any possibility of a common border between Armenia
and Karabakh, while delimiting the south-western frontiers of the Nagorno
Karabakh Autonomous Oblast, Lachin and Kelbajar regions were formed.
Up to 1930 Nagorno Karabakh had a common border with Armenia in Lachin
region (Great Soviet Encyclopaedia, 1929, volume I, part "Azerbaijan"
and volume III, part "Armenia"). Zangezur was also divided
in favour of Azerbaijan to cut Nagorno Karabakh from Armenia. When Azerbaijan
recognised Zangezur as an integral part of Armenia its territory was
almost twice its present day territory. At the time Zangezur Uyezd (district)
was understood as Zangezur. Zangezur uezd included the territories of
present day Kubatlu and Zangelan regions and most of the present day
Lachin and Jebrail regions (Atlas of the Azerbaijani SSR, 1963, p 210-212).

The secession of Nagorno Karabakh from the USSR

The new stage of Karabakh movement began on February
20, 1988, when the XX session of the Nagorno Karabakh Oblast Soviet
of the people's deputies submitted a petition on transfer of Nagorno
Karabakh from Azerbaijan to Armenia to the Supreme Councils of Azerbaijani
SSR and Armenian SSR. Outstanding figures of Soviet intelligentsia and
incipient democratic movement, such as Nobel Prize laureate, Academician
Sakharov, Galina Starovoytova, Anatoly Sobchak and others, supported
the Karabakhis' demands. Acadrmician Sakharov called the problem of
Karabakh a matter of ambitions for Azerbaijan and a matter of live and
death - for the people of Karabakh.

On February 11, 1989, a special administration form,
Special Administration Committee, was established in the NKAO (for the
first time in the Soviet Union), which was directly accountable to the
supreme state organs of the USSR. Thus, Nagorno Karabakh was de-facto
put out of Azerbaijan's administrative control. The creation of the
Special Administration Committee had a positive effect on the situation
in Nagorno Karabakh. The Committee was planning to carry out serious
economic projects in NKAO.

But as a result of the Azerbaijan pressure on the
central authorities the Committee of Special Administration was dismissed
and according to the resolution of the USSR Supreme Council the Organizational
Committee (Orgcommittee) of NKAO of the Azerbaijan SSR replaced it on
November 28, 1989. Realizing the destructiveness of that decision for
the Armenian majority of Nagorno Karabakh, the NKAO National Council
and Supreme Council of the Armenian SSR held a joint session and adopted
a resolution on reunification of the Armenian SSR and Nagorno Karabakh.
The anxiety concerning the creation of the Orgcommittee proved to be
true. The official Baku, using power of the new body, aggravated the
situation, which to a great extent contributed to the escalation of
tensions. Orgcommittee was to be created on the basis of parity. Simultaneously
the authorities of the Soviet people deputies of NKAO should be restored.

According to that resolution the Presidium Supreme
Soviet and the Council of Ministers of Azerbaijan had to:

Pass legislative acts to increase the status of
real autonomy for Nagorno Karabakh.

Elaborate and pass new laws on the status of the
NKAO, guaranteeing it full development in all spheres of state, economic
and cultural building on the basis of self-government, self-financing,
territorial self-supporting and freedom of economic and cultural ties.

Carry out necessary measures to prevent any change
of the demographic situation in the region, thus maintaining the existing
national balances.

However, NKAO representatives were not included in
the Orgcommitte and the activity of the NKAO Soviet of people deputies
was not restored. Only senior officials of the Communist Party of Azerbaijan
were included in the Orgcommitte. Provisions concerning the status of
real autonomy were not implemented as well. On the contrary the Orgcommittee
with the assistance of USSR Ministry of Interior and the Soviet Army
planned and carried out deportation operations against the Armenian
population of Nagorno Karabakh and adjoining areas.

Simultaneously the authorities of Azerbaijan were
populating Nagorno Karabakh with Azerbaijanis in order to change the
demographic situation in their favour. Against the irrefutable facts
of the gross violation of the provisions of the November 28, 1989 Resolution
of the USSR Supreme Soviet well as under the pressure of deputies of
the Soviet Parliament, representing democratic forces, on January 10,
1990 the Presidium of the USSR Supreme Soviet passed the resolution
N 1049-I. The resolution annulled some resolutions of the Orgcommittee,
as violating the provisions of the November 28, 1989 resolution.

According to the decision of the USSR Supreme Soviet
dated March 17, 1991, a referendum on preserving the union state was
held all over the Soviet Union. Taking into consideration repression
and persecution against the Armenian population during 70 years of the
existence of NKAO, the Nagorno Karabakh National Council decided to
boycott that referendum. The people of Azerbaijan, on the contrary,
voted for the preservation of the USSR.

It is also important to underline that one of the
objectives of the State Committee on Emergency Situation, created on
August 18, 1991, was the suppression of national movements. In particular,
the "normalisation" of situation in Armenia and Nagorno Karabakh
was among the top-priority objectives. At the time democratic forces
supported the liberation movement in Nagorno Karabakh, while the supporters
of the preservation of the USSR considered it as extremism, undermining
the state foundations. This is why the authorities of Azerbaijan immediately,
on August 18, supported the State Committee on Emergency Situation.

After the failure of the coup d'etat USSR republics
launched the process of achieving sovereignty. In this connection on
August 30, 1991 the Supreme Council of Azerbaijan adopted the declaration
on restoration the state independence, according to which independent
Republic of Azerbaijan proclaimed itself the successor of the Republic
of Azerbaijan of 1918-1920. In the current situation and in accordance
with the USSR law of April 3, 1990 "On issues connected to secession
procedure of the Union republics from the USSR" the joint session
of Nagorno Karabakh regional and Shahoumian district Councils of people's
deputies adopted a declaration proclaiming the Nagorno Karabakh Republic.
According to the above mentioned law along with the union republic and
autonomous entities, national groups which densely populate particular
areas also had the right to define independently whether to remain within
the USSR or leave the succeeding republic, as well as define their future
political status. In the strict compliance with the provisions of the
named law Nagorno Karabakh made a decision to holding a referendum on
the state sovereignty of the NKR.

In accordance with the provisions specified in the
law the date of referendum was fixed. On the ballot papers the following
question was put: "Do you agree on the Nagorno Karabakh Republic
to be an independent state, independently determining the forms of cooperation
with other stated and communities?" In the presence of international
observers on December 10, 1991 during the all-republican referendum
99.89% of its participants voted for independence of the Nagorno Karabakh
Republic. Thus, the NKR left not only Azerbaijan, but also the USSR.
It is worth mentioning that the officially USSR ceased to exist on December
15, 1991.

It should be stressed that the Central Election Committee
of the NKR created necessary conditions for conducting the referendum
on the entire territory of the republic, including Azerbaijani-populated
areas. In particular, by means of dislocated in Nagorno Karabakh units
of Soviet Army and USSR ministry of Interior ballot papers were delivered
to Azerbaijani-populated areas of the NKR. Before that the NKR Central
Election Committee addressed a telegram to the administration of the
Shushi region with the request to organize the participation of the
Azerbaijani population of the region in the referendum. The Azerbaijanis
did not take part in the referendum, however, taking into account the
fact that Armenians constituted majority of the population (more that
85%), this did not affect the results of the referendum.

On January 6, 1992, the Declaration on National Independence
of the Nagorno Karabakh Republic was adopted. Nagorno Karabakh realized
its right to self-determination strictly in accordance with the then
in force Soviet legislation.

In its turn on October 18, 1991, the Republic of Azerbaijan
confirmed its independence by the adoption of its Constitutional Act
on National Independence, which forms inseparable part of 1995 Constitution
of Azerbaijan. The Constitutional Act considered the establishment of
soviet power in Azerbaijan as "annexation by Soviet Russia"
which "overthrew Azerbaijan's legal government. Thus, the Azerbaijani
Republic declared the establishment of soviet power in Baku illegal,
and rejected the whole soviet political and legal heritage. Baku clearly
understood if it were to accept the soviet legal heritage (1920-1991),
it would have to accept as legal, the status of the Nagorno Karabakh.
In that case the USSR law "On the procedures on the Secession of
a Union Republic from the USSR" could be applied.

The Azerbaijani Republic, adopting the declaration
on restoration of its national independence, proclaimed itself the successor
of the Azerbaijani Republic of 1918-1920. In 1918-1920 Nagorno Karabakh
did not make part of the Azerbaijani Republic, which was confirmed by
the League of Nations. Moreover, the official Baku declared also the
illegality of the establishment of the Soviet rule, under which Nagorno
Karabakh was transferred to Azerbaijan as well as rejected the Soviet
legal and political heritage. Thus, Azerbaijan, in fact, recognized
illegal the 70-year forced retention of Nagorno Karabakh within its
administrative control.

On November 26, 1991 a Supreme Soviet of Azerbaijan
adopted the resolution on dissolution of Nagorno Karabakh autonomous
oblast, according to which NKAO was liquidated as national-territorial
formation, and its districts and settlement were renamed and incorporated
into different regions of Azerbaijan. On November 28, 1991 the USSR
Committee of Constitutional control issued a decree concerning the acts
of Supreme Soviets of Azerbaijan and Armenia. The Committee of constitutional
control condemned the act of Azerbaijan legislative body on dissolution
of NKAO as violating the status of NKAO fixed in the USSR Constitution
and the decision of Supreme Soviet of Armenia "On reunion of Armenian
SSR and Nagorno Karabakh" as violating the USSR Constitution. The
fact that the Committee of Constitutional Control in its resolution
did not refer to the proclamation of the Nagorno Karabakh Republic as
unconstitutional act grabs attention.

Although Azerbaijan rejected Soviet legal heritage,
this does not mean that the actions of Nagorno Karabakh violated international
norms. Before its breakdown on December 15, 1991, the Soviet Union was
a participant of the International Covenant on Civil Rights and International
Covenant on Economic, Social and Cultural Rights, codifying the principle
of self-determination. Besides, in 1993 the UN Human Rights Commission
confirmed that the former Soviet republics stayed devoted to the taken
commitments.

The recognition of Azerbaijani independence by the
international community in 1992 contains a very serious contradiction.
The USSR Law "On issues connected to secession procedure of the
Union republics from the USSR" (Article 2), envisaged referendum
on the secession of a Union republic from the USSR. Azerbaijan declared
its independence neglecting the given procedure. Moreover, as was mentioned
above, on March 17, 1991, Azerbaijan took part in the All-Union referendum
and voted for the preservation of the Soviet Union. Nagorno Karabakh
and Armenia, on contrary, did not take part in that referendum and,
as a matter of fact, supported secession from the USSR, what was confirmed
during the referendum on December 10, 1991. Recognition of Azerbaijani
independence within the internal administrative borders of the former
USSR is actually the recognition of the USSR's cessation before it really
ceased to exist.

Nagorno Karabakh's self-determination does not violate
any fundamental international principles, including the principle of
territorial integrity. Some international lawyers try to prove that
the realization of the right to self-determination applies exclusively
to peoples being under the rule of the colonial empire or foreign power,
subordination or exploitation. But from the legal perspective this is
not quite correct. All fundamental international documents envisage
the right of nations to self-determination irrespective of any classification
as to colonial or one. According to Article 55 of the UN Charter "respect
for principle of equal rights and self-determination of peoples is the
basis for peaceful and friendly relations among the nations". In
accordance with the UN GA Resolution 2625 (XXV) of 1970, "all self-identified
groups with a common identity and the presence of certain territory
receive the right to collectively determine their political future through
democratic way and to be free from systematic persecution. For the named
groups the principle of self-determination can be realized by different
means, including autonomy within a federal state, confederation of states,
free association, and in certain cases also full independence".
(6) Besides, the International Court stated that the principle of self-determination
crystallized into customary international law, applied to and obligatory
for implementation by all states. (7)

The Independence of Nagorno Karabakh is the result
of NK people right for self-determination A whole series of other international
documents such as International Covenant on Civil and Political Rights
of December 16, 1966; International Covenant on Economic, Social and
Cultural Rights of December 16, 1966; Vienna Declaration and Program
of Action adopted by the World Conference on Human Rights on June 25,
1993; UN General Assembly Declaration on "Principles of International
Law concerning Friendly Relations and Cooperation among States in accordance
with the Charter of the United Nations" (24/10/1970); UN General
Assembly Declaration on "Universal Realization of the Rights of
Peoples to Self-Determination" (20/12/1993) prove that the right
of nations to self-determination applies not only to colonial peoples,
but has a universal significance.

The Azerbaijani Republic still continues to conduct
policy that violates fundamental international norms and principles.
For instance, Azerbaijan continues anti-Armenian propaganda on the state
level, which is not only a gross violation of international norms, but
also violation of Azerbaijan Constitution, which prohibits agitation
and propaganda of racial and religious discord. (8) Moreover, expansionism
is the basis of Azerbaijan's foreign policy, the convincing confirmation
of which is territorial claims to Armenia. President Aliyev formulated
his policy in following way: "And in the future we must continue
to create such works must, which in consistent form and continuously
prove that the lands where Armenia is now situated belong to Azerbaijan.
We must do this. We must pave the way for the future generations."
(9)

Bibliography

1. Letter from the President of the Peace Delegation,
Republic of Azerbaijan, to President of League of Nations, December
7, 1920, objecting to League's conclusion on difficulties in asserting
frontiers, boundaries, and refuting problems in dispute with Armenia,
[FO 371/4955], in Caucasian Boundaries, Documents and Maps (1802-1946),
edited by Anita L.P. Burdett, Archive Editions, pp. 715-719.
2. "Admission of Azerbaijan to the League of Nations",
Memorandum by the Secretary-General, November 1920, 20/48/108.
3. League of Nations: Journal N17 of the First Assembly, Geneva
1920, page 139.
4. League of Nations, The Records of the First Assembly, The Meetings
of the Committees, Forth Committee, page 174.
5. "Khorhurdain Hayastan", in Armenian, June 12, 1991.
6. The UN General Assembly Resolution 2625 (XXV), UN GAOR, 25th
Session, Supp. No28, at 124, UN Doc. A/8028 (1970).
7. Case concerning East Timor (Port.v.Austr.), 1995 LCJ90, June
30.
8. Constitution of the Azerbaijani Republic (adopted on November
12, 1995), Article 47 (III).
9. "Bakinskiy Rabochy" (Baku Worker), February 11, 1999.